Case Details

Citation(s)
1991 SLG 2283 1991 SLD 2283 1991 KLR 1
Sindh High Court
Constitution Petition No. D-641 of 1983, 30th September, 1991
QAISAR AHMAD HAMIDI, J

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A.F. Ferguson & Co.

VS

District Court Karachi And Other

Law:

Section:

Keywords: Illegal, Period, Consent, Petitioner, Cause Of Action, Provisions, Interpretation, Jurisdiction, Claims, Necessity, Period Of Limitation, Contract, Provisional, Costs, Publication, Prejudice, Magistrate, FO, Liability, Civil Court, Payment, Place, Dispute, Copy, Parties, Bona Fide, Penalty, Proceedings, Delay, Free Consent, Set Aside, Petition, Notification, Breach Of Contract, Constitution, Existing Rights, Fresh Period Of Limitation, Constitutional Jurisdiction, Recovery, Right To Sue, Bona Fide Dispute, Procedure, Punishment, Establishment, Fresh Cause Of Action, Acceptance, Sufficient Cause, Production, Cognizance, Payment Of Wages, Plea, Contravention, Evidence, Relief, Responsibility, Orders, Copies, Fine, Government, Language, Order, Constitutional Petition, Consideration, Allowances JUDGMENT QAISAR AHMAD HAMIDI, J. The question that has been raised in this constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, read with Article 9 of the Provisional Constitution Order, 1981, relates to the interpretation of section 12 of the West Pakistan Shops and Establishments Ordinance,-1969, when read together with section 6 of the Employees Cost of Living (Relief) Act, 1973. 2. The facts are simple. And may be briefly summed up. The petitioner is a professional firm of Chartered Accountants. On or about 16.6.1980, the respondents No.3 to 20 who were employees in the workmen "category 4n the establishment of the petitioner firm filed applications before the Authority under section 12 of the West Pakistan Shops and Establishments Ordinance, 1969, the respondent No.2, Claiming that the petitioner firm had not given Rs.35/- P.M. As cost of living allowance to them under the Employees Cost of Living (Relief) Act, 1973. The petitioner firm contested these applications and besides various other pleas raised the plea of limitation. Since the said 18 applications were for the same claim and based on the same allegations, the respondent No.2 consolidated all the applications. The issue of limitation was treated as preliminary and was decided vide order dated 31.3.1981. The objection taken by the petitioner firm…
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